give up, he's not going to surrender. ♪ >> to say that everything that could have gone wrong for brett kavanaughs an understatement. >> the impet is on judge kavanaugh. they did not have the votes in the senate... >> do nounderestimate the importance of the next few hours for brett kavanaugh. >> at some point, if you poke stick and you torment that person and you attack that person, at some point, that individual's going to fight back. >> i categorically and unequivocally deny the allegation against me by dr. ford. i never had anseal or physical encounter of any kind with dr. for >> it was like watching clarence thomas all over again. "high-tech lynching."ion of the >> this confirmation process haa becoational disgrace. but you have replaced advice and consent with search and destroy. >> narrator:larence thomas had invoked race. now brett kavanaugh launched a partisan attack on the democrats. >> this whole two-week effort has been a calculated and orchesated political hit fueled with apparent pent-up anger about president trump, revenge on behalf of the, clintod millions of dollars in money from

during the florida 2000 recount, brett kavanaugh took the position that military ballots should be counted in florida even after they arrive after election day. so kavanaugh is making a completely different article -- argument now that in 2000. there is no consistency. he is laying the groundwork to help president trump try to steal the election. it is chilling a supreme court justice would do that. will you bet watching most closely on november 3? and what do you think we will know by the end of the night? things, nermeen. where to start. going to seeam what the turnout is like. so many people have voted early that we don't know how many will show up on election day. i am going to see how many people were, for example, planning to vote by mail but did not get the mail ballot so had to vote on election day. i am going to see what the lines look like, whether there is butter intimidation -- voter intimidation. then i'm going to see how long it takes to count the votes. in some states like arizona and florida, they start coming votes early most of but in the three most important battleground

this is justice brett kavanaugh. seem fairly clear the proper remedy would be to sever the mandate provision and leave the rest of the act in place, the provisions regarding pre-existing conditions and the rest. amy: we will have more on the supreme court battle over the affordable care act later in the broadcast. in north carolina, democratic senate candidate cal cunningham has conceded to incumbent senator thom tillis. the republican's victory guarantees the gop will control at least 49 senate seats, two shy of a majority. in alaska, republican senator dan sullivan has a big early lead over democratic challenger al gross, whose campaign believes he still has a chance at an upset victory once all mail-in votes are counted. either way, the balance of power in the senate will be decided by runoff elections on january 5 for both of georgia's senate seats. the trump administration has removed the top scientist overseeing the government's research on climate change. "the new york times" reports michael kuperberg was told

. >> the affordable care act, john roberts, brett kavanaugh, they won't strike down the entire aza. >forward case for severability meaning we would excise the mandate and leave the rest of the act in ways. >> hard to argue congress intended the entire act to fail if the mandate were struck down, when the same congress that lowered the penalties a 0, did not even try to repeal the rest of the act. >> what do you see happening? >> i don't see enough votes to do away with the affordable care act. it could be that they have votes with brett kavanaugh and amy coney barrett, to sever the individual mandate from the rest of the law. expanded medicaid coverage won't be eliminated. the time is 18 after the hour. the majority of trump voters say they voted for the president, most biden voters say they voted against donald trump. kristin tate says the entire election had little to do with the president-elect, joins us to explain. >> senate republicans closer to keeping their majority after tom tillis wins in north carolina. now allies on georgia. we have the balance of power. ♪ when you switch t

justices, john roberts and brett kavanaugh, seem not inclined to strike down the entire law. lawsuit focuses on this provision that requires people to buy insurance. that used to be backed up by a tax penalty. it no longer has that tax penalty. opponents of the law say that provision is unconstitutional, and because it is, the entire law has to be thrown out. two key justices don't seem like they will go there. vonnie: that is the only part of the law that is up for discussion. there is no such thing as talking about whether the individual mandate went away, whether the whole thing would collapse or not. greg: they argue the individual mandate has to fall, and then therefore other provisions have to fall, like protection for pre-existing conditions, and because of that, the entire thing including the expansion of medicaid, the marketplace is set up, that is the argument to strike down the entire law. but it seemed pretty clear today that there are not the votes to do that. vonnie: chief justice roberts has voted twice to uphold parts of the law. do we know how amy coney barre

republicans, confirming amy kony barrett -- amy coney barrett was gaining senate seats, over brett kavanaugh. is republicans narrow the gap they will argue against any broad mandate for joe biden. so far the republicans have won 200 one house seats and are leading the race for 13. democrats have 218 and beating three. a total of at least 12 seats. welcome to fox news at night. richardson looking at the state of affairs one week after election day. >> reporter: mike pompeo promising a steady transition in the state department as their are concerns the delay in transfer of power could impair national security. the details of the secretary's proposed transition were a surprise. >> is the state department preparing to engage with the biden transition team and if not at what point does it delay hampering a smooth transition pose a risk to national security? >> there will be a smooth transition. we are ready. the world is watching what is taking place. we will count all the votes, we're in good shape. >> reporter: president-elect biden has field calls from leaders of the united kingdom, canada, fr

brett kavanaugh quoted it recently in one decision.ut it has not been, the supreme court has not cited it as the basis for a ruling. so it has not been a precedent the supreme court relies on for its decisions. >> two days after the 2020 election we have two candidates in close races and none has achieved as of the time we are taking the requisite 270 electoral votes. on election night the sitting president announce at 2:00 in the morning he would ask the let's listen to what he had to say. president trump: this is a fraud on the american public, this is embarrassment to our country. we were getting ready to win this election, frankly, we did win this election. [cheers and applause] president trump: so our goal now is to ensure the integrity for the good of this nation. this is a very big moment, this is a major fraud on our nation, we want the law to be used in a proper manner so we will be going to the u.s. supreme court, we want all voting to stop. we do not want them to find any ballots at 4:00 in the morning and add them to the li

but if you look at you -- >> i mean, i voted for neil gorsuch, i voted for brett kavanaugh.inst this process because never in the history of the united states of america have we ever confirmed a supreme court justice when a vacancy happened between july and november and i've been very clear about that. i voted for amy coney barrett for the 17th circuit. i'm not going to break precedence, so if i can take that type of pressure, if i can vote for brett kavanaugh, the only democrat, if i can take that type of pressure, you don't think i can basically justify what i'm going to be doing and how i'm going to vote knowing that i'm sitting in a seat that robert siebert held who wrote the rules of the senate? -- to >> bret: and you wouldn't become a republican? he will stay democrat. >> i'm a proud moderate conservative democrat. maybe there's not many of us left but i can tell you this country wants in moderation. this country, you run your life, you run your business from the middle, not from the fringes, and that's where i've always been, so for something, whatever the message was

>> it appeared both roberts and justice brett kavanaugh are opened to joining the liberal wing of the they may not be the only ones. >> we ask ourselves whether the congress would want the rest of the law to survive if an unconstitutional provision were severed. and here congress left the rest of the law intact. >> i tend to agree with you, it's a very straightforward case for severability under the precedents. >> shannon: all right, we will wait until sometime between now and june for that decision. breaking tonight of pennsylvania, "the washington post" said the area postal worker who signed a sworn affidavit with allegations of a supervisor tampering with mail-in ballots has recanted those charges after being questioned by postal service investigators. tonight and man claiming to be that postal worker has posted on social media video saying that he has not recanted and will fully explain. let's get reaction to that news and the latest on voter fraud accusations with former kansas attorney general phil klein. good to have you with us tonight, sir. >> thank you, shannon, great to be

her vote is critical, brianna, as well as the votes of his other nominees, brett kavanaugh and just is neil gorsuch. >> i didn't think we'd have to talk about budget reconciliation but he question are. this could really be the lasting argument that the trump administration makes in the high court, and it doesn't appear to be going well. what do you think? >> reporter: well, for sure it's the last big blockbuster case. right? this is "the" most important case of the term, and you remember in the early days of this challenge, the trump administration didn't argue like this broadly. said, okay, the individual mandate should go. some other provisions. then kwl when a district court struck down the entire law it emboldened the administration and they came back to court. jeff wall basically said it's up to the political branches to fix this. the court shouldn't have been fixing it and invalidate the whole thing. that argument really didn't seem to be sitting well with several of the justices. >> all right. thank you so much for taking us through that. >>> any moment now president-elect joe b

here i think there are at least five votes, including the chief justice, including conservative brett kavanaugh, to say, no, the best evidence that we look at when deciding whether a law has to be struck down because part of it is invalid is what did congress say. and what they say is, in 2017, congress said all we're going to take away is the tax, they left the rest of the law intact. in fact the solicitor where then from california said today, congress considered repealing the entire law and didn't do it. so for all those reasons, andrea, it seemed based on the questions and comments from the justices today that there are not five votes here, that obama will be spared. >> that is fascinating. of course amy coney barrett was part of this oral argument today. anything significant coming from the newest justice? >> i don't think so, for this reason. i think she was following the questions from the other justices. she didn't tip her hand strongly one way or the other. even if you score her as a dependable conservative who would be willing to strike down obamacare, you don't get to five, because y

. >> and brett kavanaugh said much the same, chuck. >> and, obviously, it's brett kavanaugh is the fifth justice here, if you are looking to find five votes to keep this law intact. three liberals, roberts who has been there before. kavanaugh is the fifth in this case. the swing justice. >> right. during her confirmation hearing, everybody thought amy coney barrett would be the key to this. but it appears from the argument that she won't be. >> sure does. pete williams covering the court for us as always, sir. thank you. >>> up ahead -- the fallout from the news that broke just as we were coming on the air yesterday. president trump's firing via tweet, of course, of the secretary of defense. what does it mean for our national security in the final months of the trump presidency? is there something more nefarious going on, and are more firings on the way? water? why?! ahhhh! incoming! ahhhahh! i'm saved! water tastes like, water. so we fixed it. mio. >>> welcome back. nbc's ken dilanian reports president trump's firing of mark esper is raising fears that trump will fire other key national

and justice brett kavanaugh wrote one of the sloppiest, most incoherent opinions in recent memory, repeatingim that ballots counted after election day are somehow suspicious >> in his written opinion, justice brett kavanaugh, trump appointee, said elections have to end sometime. quote, "states want to avoid the chaos and suspicions of impropriety that could ensue if thousands of absentee ballots flow in after election day, and potentially flip the results of an election. >> seth: what are you talking about? if there are more ballots to count, then that means there are no results to flip that's like ending a football game after the third quarter because fourth-quarter touchdowns would flip the score. which is ridiculous and also impossible if you are playing the jets "eh, we did our best, fellows. "but, coach, there's still the fourth quarter." "yeah. i might just head out. beat the traffic." kavanaugh's opinion was also riddled with incredibly lazy errors he favorably quoted a legal scholar who was actually arguing in favor of the extending postmarked deadlines repeatedly confused receipt de

. >> reporter: and conservative brett kavanaugh agreed >> it does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the act in place. >> reporter: justice samuel alito said the mandate may no longer be essential to make the law work he said it was originally viewed like part of an airplane, critical to keeping it in flight. >> but now the part has been taken out and the plane has not crashed. >> reporter: angela eilers of southern california is counting on the law's survival. she says without it she worries what would happen to her daughter micah, who's twice had surgery for a heart defect >> what happens next what will happen to her coverage what happens not just immediately but in the long term? >> reporter: based on what the justices said today, it now appears obamacare will be around at least several more years lester >> all right pete williams tonight. thank you. >>> and after strongly defending obamacare today, president-elect joe biden called president trump's refusal to concede an embarrassment, while more top republicans say the

when susan collins voted to confirm brett kavanaugh, you had mitch mcconnell on the floor of the senate comparing susan collins supporting donald trump's nomination for the supreme court to margaret chase smith. >> so susan collins was somebody was incredibly helpful to me for the book and somebody who i interviewed and she was helpful long before his writing my book agreeing she held the same gavel joe mccarthy as chair of the permit subcommittee on investigations. she decided after 50 plus years of volunteers closed-door hearings being under lock and key, she decide to make those transcripts public. those give us a sense of joe mccarthy. when interviewed her i knew that a role model as center was margaret chase smith and they said are you intending to take this to heart entrance of what you do as a sender? it is very clear that she adores margaret chase smith and she sees herself as a model of following in smith's footsteps, her opponent in the current senate race, very soon heated race in maine doesn't do that and the relay is using this margaret chase smith model as saying rather th

likely suspects are brett kavanaugh and neil gorsuch.ees who have not ruled on an aca case on the supreme court. it's not clear where they will stand. some have hopes of holding on to the vote of brett kavanaugh. he recently wrote skeptically attempts to railroad through, otherwise constitutional laws by looking at an obscure illegal provision in there. so they have to get all of those justices. they are probably not going to get chief justice roberts who believed the individual mandate was constitutional in 2012 to begin with. three democratic appointed justices also will be very difficult to get for them. chris? >> an incredibly fascinating and incredibly consequential debate about to start. sahil, thank you very much. >>> next, georgia's republican secretary of state says he isn't going anywhere. why senators from his own party want him to resign as votes in the battleground state are still being counted. and most important is the ability to transform the smallest of businesses right in our neighborhoods. we created the 5g business im

those judges are the chief justice, john roberts, as well as brett kavanaugh who was appointed by donald trump. those two judges are basically saying that the focus of this case, which is on the penalty of the individual mandate, basically saying that even though that penalty has been zeroed out, meaning if you don't get health care, you no longer have to pay a penalty. they feel if that art of the law might be unconstitutional, they feel like the whole law should not be struck down because of that detail, insisting also that in 2017 when congress voted to strike down that penalty to bring it down to zero, their intention was not to throw out the rest of the affordable care act, and therefore, they should not as a court replace the intention of congress. if this holds true, there are going to be deliberations. we won't know the actual result until the end of the spring of 2021. the line of questioning and what we heard in those hearings seem to indicate that justice roberts and justice kavanaugh could vote with the three liberals, meaning it would be five-four possibly in favor of the af

after public criticism during the confirmation hearings for justices am any coney barrett and brett kavanaugh. >>> the president is vowing to move full speed ahead with his legal battle to overturn the election results. this after his administration finally authorized the transition process for president elect joe biden. >> the general services administration has named joe biden as the apparent winner of the move gyms the team access to federal resources to prepare for the white house. in a letter gsa administrator wrote she came to my decision independently and was never directly orrin directly pressured by any executive branch official including those at the white house. minutes after that was released the president tweeted that he had recommended emily and her team do what needs to be done with regard to initial protocols. late last night mr. trump said that he will never concede to the election fraud he has yet to prove. >> there's a constitutional process. >> murphy had been under pressure by democrats and some republicans to act but held off as the trump campaign waged legal challenges.

during arguments yesterday, chief justice john roberts and justice brett kavanaugh suggested it was not high court's role to invalidate the healthcare law, even if one or more provisions are deemed unconstitutional. republican challengers want obamacare to be killed, since lower courts previously ruled individual mandates are unconstitutional. >>> a former louisville police officer involved in the raid that killed breonna taylor is facing a sexual assault lawsuit. margo borders claims that brett hankison sexually assaulted her after offering her a ride home from a bar in 2018. she says that he then messaged her suggesting the two had engaged in a consensual relationship. hankison's attorney for the case could not be reached for comment. hankison was fired for his role in the taylor shooting. >>> so coming up on the "cbs morning news," what researchers discovered inside a nest of murder hornets in washington state. and a wild shot at augusta, a pond skipper that you have to see to believe. this is the "cbs morning news." e from the inside out? try nature's bounty hair, skin and nails gum

majority won this case that didn't really matter conservative chief justice john roberts and brett kavanaugh who was appointed by president trump seems skeptical of the republicans argument to strike down the law in its entirety. >>or or yea or years the supreme court gavel didn't tuesday to take up california the texas the case seeking to invalidate the affordable care act the law of the united states of america today that you have to purchase health insurance texas solicitor general kyle hawkins told the 9 justices over the phone because of the pandemic that the law is unconstitutional because it requires americans to get health insurance it is a naked commands to purchase health insurance and as such it falls outside congress's enumerated powers but california solicitor general michael mongan argued that since congress eliminated the tax penalty from the law in 2017 the affordable care act doesn't force anyone to do anything either buy insurance or do nothing and chief justice john roberts suggested that instead of striking down the entire law the court can just remove the so-called manda

hearings because when susan collins voted to confirm brett kavanaugh you had mitch mcconnell on thefloor of the senate comparing susan collins supporting donald trump's nominee for the supreme court to margaret smith. >> susan collins was somebody who was incredibly helpful to me for the book and someone who i interviewed. she was helpful by long before i was writing my book agreed she held the same gavel joe mccarthy had as chair of the permanent subcommittee on investigation. when she decided after 50 plus years of all his closed-door hearings being under lock and key she decided to make those transcripts public. those gave us a sense that joe mccarthy unhinged. when i interviewed her i knew that her role model what as a senator was margaret smith. i said are you intending to take this to heart in terms of what you do as a senator and it is very clear that she adores margaret smith and that she sees herself as a model of following in margaret smith's footsteps and her opponent in the current senate race, very heated senate race in maine and doesn't do that and everyone is using th

done before i think present trump has seen again you had president justice no gorsuch justice brett kavanaugh and now much of the surprise of everyone a 3rd pick in the last few months the election with just as amy 20 barrett this is been not expected but but a serious victory for the trump administration but then jeff houser what impact does it have not just so i think the supreme court i started but also the lower courts that's where we're seeing all these new judges and it was interesting that the professor that talked about the vetting process some of them had bad barely any experience in the judiciary but they were they seemed to be picked out for their ideological line and their thirty's a few years as a lawyer perhaps one of you know you know and then you know now that suddenly that's that judges what's the impact is i going to have about. it's going to have a lot of impact especially if democrats do not take the senate tonight i suspect by and you still going to squeak out a presidential victory but the senate looks a lot more difficult for democrats which means that any dishing all j

she hammered brett kavanaugh. later on, she hammered joe biden on school busing when they were opponents. friends a the people come to discover her warmth and sense of humor. >> she has called my mom to sing her happy birthday. >> reporter: harris is a big fan of birthdays, and music. her favorite artist is prince. she is a mean cook that listens to cooking shows. >> after every campaign, that was typically one of the first thing she would do peer she would gather everybody and cook a big meal.>> reporter: poised for biggest stage yet, harris has been reaching out to thinker former aides. >> when you are a staff person he tried to jam through lax, she can beat almost anyone. >> reporter: based share memories. harris is is walker and airports, just like her approach to life. >> she makes it look easy peer she is always driven and focused. there is nothing this woman cannot do. >> reporter: in san francisco, ktvu fox2 news. >>> coming up tonight, the bay area democrats are waiting for a win. how are they passing tha

she angered many democrats in her state when she confirmed supreme court justice brett kavanaugh amidegations against him of sexual assault and voted against impeaching donald trump. her opponent is sarah gideon, the speaker of the maine house of representatives. filled by anger against collins, in the first week of her campaign, the 48-year-old raised $1 million. in south carolina, a republican incumbent lindsey graham is up against jamie harrison. lindsey graham is seeking a fourth term. as head of the judiciary committee, he has led the republican push to confirm three of president trump's nominees to the supreme court. during the 2016 primaries, he called trump a xenophobic racist but has since become one of the president's staunchest allies. as chairman of the south carolina democratic party, jamie harrison was one -- was the first african-american to hold that role, growing up on food stamps and pubc housing. he says his humble upbringing would make him an important and underrepresented voice in the senate. in north carolina, the races between tom tellis and cal cunningham share

john roberts and brett kavanaugh who was appointed by the president seeing skeptical of the republicans argument to strike down the law in its entirety. >>or or yea or years the supreme court gavel didn't tuesday to take up california the texas the case seeking to invalidate the affordable care act the law of the united states of america today that you have to purchase health insurance texas solicitor general kyle hawkins told the 9 justices over the phone because of the pandemic that the law is unconstitutional because it requires americans to get health insurance it is a naked commands to purchase health insurance and as such it falls outside congress's enumerated powers but california solicitor general michael mongan argued that since congress eliminated the tax penalty from the law in 2017 the affordable care act doesn't force anyone to do anything either buy insurance or do nothing and chief justice john roberts suggested that instead of striking down the entire law the court could just remove the so-called mandy to purchase insurance. i think it's hard for you to argue that intend

conservatives brett kavanaugh and chief justice john roberts questioned whether no individual mandateenalty means the affordable care act should be repealed. the chief just cyst seemed to indicate the court should stay out of the fight. >> it's hard for you to argue that congress intended the entire act to fall if the mandate were struck down when the same congress did not even try to repeal the rest of the act. i think, frankly, that they wanted the court to do that, but that's not our job. >> 18 states want the law repealed. a rule something expected in june. >>> a former louisville police officer charged in the breonna taylor case is now accused of sexual assault in a new lawsuit. a woman claims former officer brett hankison assaulted her while leaving a bar in 2018. hankison was one of three officers who fired a weapon the new breonna taylor died in march. he's charged with wanton endangerment. >>> time now for a look at your wednesday weather. things should be calmer today in oregon after a rare tornado northwest of portland damaged several buildings. no one was hurt. meanwhile,

>> reporter: the chief justice john roberts and justice brett calf kavanaugh could be the two justicesp in to save obamacare. they both made the point that it doesn't seem congress intended that the entire should be struck down if one was deemed unconstitutional and exactly the point that republicans are trying to make. they say because the individual mandate's penalty for not purchasing insurance is now at zero dollars, that it is no longer a tax, therefore, unconstitutional, and they say that means the entire act is unconstitutional but chief justice john roberts said it is not the court's job to strike down the entire law. we will see if it holds in this very high stakes decision. >> the newest justice amy coney barrett is known for having taken an issue previously with the past supreme court ruling on obamacare. what did he say today? >> reporte >> reporter: she seemed to carefully craft our questions and holding her cards closed' not giving anything away but she questioned whether congress would pass a part of the law that would kill the entire law. she seems to be the side of the

mark zuckerberg and donald trump's supreme court pick brett kavanaugh. i'm not remembering but you have something. i'm just trying to think do i know anyone who works that firm i might know. had that's not my question my question is how you had a conversation with anyone at that firm about that investigation. it's a really specific question did not know that it came january 29th teen she announced her run for the white house. the thing. i stand before you today to announce my candidacy was with 2 parents eventually bowed out of the democratic race she outlined some guiding principles on how she hoped to govern. i am not her. lord knows i am not perfect. but i will always speak with decency and moral clarity. and treat all people with dignity and respect i. her time as vice president will be judged in part by how well she lives up to those words. well joining me here in the studio now is stacey prevents us from our u.s. election team. in his victory speech biden has vowed to unify the country we know that more than 70000000 people did in fact vote for don

brett kavanaugh, his questioning, strongly suggested that even if a majority of justices agreed that the plaintiffs have it case and that what's called the individual mandate in the a cia, the requirement for all americans to have health insurance was unconstitutional. kavanah didn't feel that would invalidate the rest of obamacare or several building precedents. it does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the in place. the provisions regarding preexisting conditions and the rest chief justice john roberts, also expressed skepticism of the republicans arguments together with cavanagh and the court 3 liberal justices. they could form a majority to preserve the in delaware president elect joe biden weighed in this effort to bypass the will of the american people. the verdict of the courts in the past judgments of congress in my view is simply cruel and needlessly device. joe biden was among the 1st to congratulate his then both president barack obama won, the a c. a became law in 20 term against republican objections. t

. >> reporter: justice brett kavanaugh: >> it does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the act in place. >> reporter: a majority of americans support obamacare. more voters who cast ballots in the election want the justices to keep it as it is than to overturn it. today, new justice amy coney barrett gave few clues on how she sees the law. her questions and comments were focused and highly technical. >> that would be odd for us to construe the statute as congress saying, "well, we're going to change the statute in a way that's going to render it constitutional or this provision in a way that will render it unconstitutional." >> reporter: now, i do have a caveat: it can be very hard to read these justices because they're hearing arguments by telephone because of the coronavirus. but based on these questions today, it seems a majority is clearly poised to leave the bulk of this law in place with a decision as soon as this spring. norah. >> o'donnell: jan crawford at the court tonight. thank you, jan. today, a scathing v

billions of dollars during the fiscal crisis all 3 liberal justices and 2 conservative justices brett kavanaugh and chief justice john roberts. >>seemed to indicate support for the argument to protect the a i think it's hard for you to argue that intended the entire act to fall when the same congress that lowered the penalty to did not even try to repeal the rest of the act friday that they wanted the court to do but that's not our job many senate democrats commented on the case saying the court should consider the harm done if it rules against the a if the court strikes down the affordable care act it will be in an active. >>in justice. >>and it would be in my judgment robbery judicial robbery. >>but many republicans say the law is imperfect might stop talking about. >>however if you let's talk about delivery of affordable care because all we heard about for so many years is how many people are going cower. >>well that was joe khalil reporting the supreme court is not expected to rule on the case until june. president elect joe biden says his administration is moving forward despite president

justice brett kavanaugh -- >> it does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the act in place, the provisions regarding pre-existing conditions and the rest. >> reporter: chief justice john roberts agreed, noting sharply that republicans in congress had the chance to repeal the whole act but didn't. >> i think, frankly, that they wanted the court to do that, but that's not our job. >> reporter: president-elect joe biden blasting the trump administration as cruel for putting health care for 21 million americans on the line as the coronavirus crests in a third deadly wave across the country. >> the consequence of the trump administration's argument are not academic or an abstraction. for many americans, they are a matter of life and death in the literal sense. >> getting andrew's day started here with his morning feed. >> reporter: in ohio, christine callahan's 13-year-old son andrew has an undiagnosed genetic condition. she worries how they could afford his medical bills, $7,000 a month, without the aca. >> i think it's c

mark zuckerberg and donald trump's supreme court pick brett kavanaugh. i'm not remembering but if you have something you want i'm just trying to think do i know anyone who works that firm i might know. had that's not my question my question is have you had a conversation with anyone at that firm about their investigation it's a really specific question because of all the bit january 29 teams she announced her run for the white house. some things. i stand before you today to announce my candidacy. to harris the then she'll be bowed out of the democratic race she outlined some guiding principles on how she hoped to govern. i am not perfect lord knows i am not perfect. but i will always speak with decency and moral clarity. and treat all people with dignity and respect. her time as vice president will be judged in part by how well she lives up to those words. while donald trump remains determined to contest the outcome former republican president george w. bush says the outcome is clear in a statement released on his website bush said he had called joe bide

ballots that come in ecafter the on would not be counted, even if they are postmarked by election d brett kavanaugh in his separate decision in that case suofested along the lines what president trump has been saying, which is that ballotsa come in after election day could, the word used, flip the results, which is exactly what president trump has been saying to undermine the integrity and confidence in the voting, so that really t the antennas up of a lot of t civil rights and votilk rights democrats. there was another case in vermont where he alluded to vermont, where he incorrectly wrote what was happening in vermont, and the state asked him to change his wedecision. he back and amended a, so i think everyone is on hyper alert, and i think the bi question what happens after the election? do some of these cases come back to court with amy coney barrett, who so far has no weighed in on any of these cases? >> we've been talking a lot the democrats are fighting to win the senate because they need to win the extra seats if biden/harris tas the white house or four if trump/pence ticket. >> mitch mccon

are that 2 of those conservative justices the chief justice john roberts and also the justice brett kavanaugh seem to be entertaining some of the arguments in defense of keeping the affordable care act or at least portions of it which republicans have argued including the trumpet ministration is unconstitutional now we won't know ultimately till june when this is finally released in terms of a decision but again many people in the united states who are looking to see this upheld are feeling hopeful based on the arguments that were presented before the court today ok thank you very much indeed and we're keeping an eye on a news conference that we're expecting from president elect joe biden who's expect to speak on the affordable care act as it goes through the supreme court and we've got to come to if it's to overturn it's will bring you that. if it starts in time. now 3 days of national mourning have been declared in palestine after the death of say barrack at the veteran peace negotiator and champion of the palestinian cause died at the age of $65.00 after contracting coronavirus he was invo

that includes justice neil gorsuch, justice brett kavanaugh , and that includes the supreme court's newestbrilliant, justice amyoman, coney barrett. [cheers and applause] [chanting "acb"] isn't she great? and not just because she's from indiana. how much did you love it when one of the senators asked her, show me what you've got written down on that piece of paper. nothing. she's so impressive and she's going to stand strong for all the liberties we cherish. when joe biden was vice president, we saw a steady assault on our first freedom, the freedom of religion. the last administration used the power of the federal government to erode the conscience rights of doctors and nurses and charities. they even hauled a group of nuns into federal court to force them to compromise their faith to live under the obamacare. it is true. same religious intolerance happened when amy coney barrett was nominated to the court of appeals two years ago. do you remember? she was in front of the senate judiciary committee and the leading democrat on that committee said she was concerned about amy coney barrett's

bush when he was litigating against al gore in 2000 john roberts the chief justice brett kavanaugh and amy cody barrett who was just part of this report look we know from what we've heard donald trump say he thinks that the people that he's put on the supreme court will see things his way so whether they do or not we know that's what he thinks and it's kind of human nature if somebody has put you on the screen court everything considered you'd want to help him if you could so that's what he's banking on the problem is the supreme court doesn't take spray bullets lawsuits and to work their way up to the point where the supreme court would hear it. involves a certain level of analysis that i would submit as of right now we see no reason that a case could actually get that high. to speak to richard good stain democratic democrat and lawyer speaking to us from washington d.c. my pleasure. ok what we are seeing there is a live shot in washington d.c. we are expecting as we have been mentioning president trump to speak in the next 10 minutes or so as soon as we see him we will indeed go back

republican susan collins struggling, as well, after infuriating many with her vote to confirm brett kavanaugh to the supreme court. and facing pressure, being the only republican to vote against the confirmation of amy coney barrett. here in arizona, they've been counting early ballots for two weeks and the secretary of state tells me they plan to release a chunk of those early vote numbers after the polls close. >> big night for the state of arizona and whit, we'll see you in just a moment. >>> when we come back here tonight, the other senate races to watch. they are close. and the robo-call that told voters to wait until tomorrow to vote. of course, this is not true, but it did trouble authorities today and we'll be right back. hpv can cause certain cancers when your child grows up. get in its way. hpv can affect males and females... and there's no way to predict who will or won't clear the virus. but you can help protect your child by taking a first step. the cdc recommends hpv vaccination at age 11 or 12 to help protect against certain cancers. hey cancer! not... my... child. don't wait..

kavanaugh was confirmed to the u.s. supreme court by a two-vote margin. >> the nomination of brett m. g else was happening that largely went unnoticed by the public. >> district courts and the circuit courts, it's one of those quiet things that folks across america don't perhaps grasp the gravity of these courts all interpret the lawes of our country every day in so many different ways. >> they identified 40 something conservative judges, and they jambed them through the senate with incredible speed. >> speed and strategy, because mcconnell blocked so many obama nominees, trump inherited 103 vacancies. astoundingly, the president has appointed almost one-third of all current appellate court judges. >> much of the law in america is set by the federal courts of appeals. >> that is probably one of the very few things that helps republicans justify why they support him, is that he got the judges they wanted, confirmed, and put in place. >> that means controversial issues such as abortion, gun control, health care, immigration, and racial and same-sex discrimination, cases that could likely

[applause] 220 judges including justice neil gorsuch, justice brett kavanaugh, and justice amy coneytt. great?he mean, in her confirmation hearing how much did you love it when they said, what have you got written on that paper in front of you? nothing. an amazing person, i've got to tell you the senators were there every step of the way as the president of the united states fulfilled his duty to fill that seat, in fact, let me take this opportunity to thank senator loeffler, she was the first member of the senate to call for a confirmation vote of justice amy coney barrett. thank you, senator. [applause] in a strong judiciary, vanguard and the senate has never been more important. you all remember in the last administration, the steady assault of our most cherished liberties including the freedom religion. the last administration actually compromised to the conscious rights of doctors and nurses and religious charities. they actually hauled the little sisters of the poor into federal court to force them to compromise their faith to live under the mandate of obama care. you all might